Deceptive, Unfair Trade Practices Law Does Not Apply to Hospital Liens in Florida

Liens placed by a Florida hospital on patients pursuing third-party legal remedies do not qualify as “trade or commerce” subject to Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA), a Florida appeals court ruled July 5 after reviewing a summary judgment order in a would-be class suit (Baker v. Baptist Hospital Inc., Fla. Dist. Ct. App., 1D12-5135, 7/5/13).

The Florida District Court of Appeal, First District, ruled that Marc Baker could not pursue a proposed FDUTPA class action against Baptist Hospital Inc. after it asserted hospital liens against him in Escambia County, Fla. The liens stemmed from ...